The advocate defending four of the accused in the Senzo Meyiwa murder trial says he will bring a formal application for a trial within a trial after arguing in the Pretoria high court on Friday that his clients’ rights have been violated.
“I am challenging the state to say we cannot proceed before we have a trial within a trial and ascertain that my clients were not wrongfully charged,” said advocate Malesela Teffo.
He said the continuation of the cross-examination of forensic officer Sgt Thabo Mosia would be a futile exercise.
He claimed confession statements obtained from two of his clients were made under duress, and when his clients appeared at a Boksburg court in 2020, they were not adequately informed of the accusations against them.
“Their constitutional rights have been violated. When they appeared in Boksburg, , they were not charged or given the reason they had to be in court. That is where, for the first time, South Africans saw the accused refusing to enter the accused box,” Teffo said.
He alleged they were being scapegoated to avoid arresting the correct people.
“The state has nothing linking my clients to the charges, nothing except the forced confessions obtained after being extremely assaulted,” said Teffo.
The confessions have not been presented in court by the state.
Judge Tshifhiwa Maumela ruled the trial would continue on Friday.
It is understood the formal application by Teffo may be brought next week.
Meyiwa, a former Bafana Bafana goalkeeper, was fatally shot in October 2014 in Vosloorus, east of Johannesburg.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are charged with premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. They have pleaded not guilty.
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Senzo Meyiwa trial: Advocate says forced confessions were obtained from two of his clients
Image: ANTONIO MUCHAVE/Sowetan
The advocate defending four of the accused in the Senzo Meyiwa murder trial says he will bring a formal application for a trial within a trial after arguing in the Pretoria high court on Friday that his clients’ rights have been violated.
“I am challenging the state to say we cannot proceed before we have a trial within a trial and ascertain that my clients were not wrongfully charged,” said advocate Malesela Teffo.
He said the continuation of the cross-examination of forensic officer Sgt Thabo Mosia would be a futile exercise.
He claimed confession statements obtained from two of his clients were made under duress, and when his clients appeared at a Boksburg court in 2020, they were not adequately informed of the accusations against them.
“Their constitutional rights have been violated. When they appeared in Boksburg, , they were not charged or given the reason they had to be in court. That is where, for the first time, South Africans saw the accused refusing to enter the accused box,” Teffo said.
He alleged they were being scapegoated to avoid arresting the correct people.
“The state has nothing linking my clients to the charges, nothing except the forced confessions obtained after being extremely assaulted,” said Teffo.
The confessions have not been presented in court by the state.
Judge Tshifhiwa Maumela ruled the trial would continue on Friday.
It is understood the formal application by Teffo may be brought next week.
Meyiwa, a former Bafana Bafana goalkeeper, was fatally shot in October 2014 in Vosloorus, east of Johannesburg.
Muzikawukhulelwa Sibiya, Bongani Sandiso Ntanzi, Mthobisi Prince Mncube, Mthokoziseni Maphisa and Sifisokuhle Nkani Ntuli are charged with premeditated murder, attempted murder, robbery with aggravating circumstances, possession of firearms without a licence and possession of ammunition. They have pleaded not guilty.
TimesLIVE
Support independent journalism by subscribing to the Sunday Times. Just R20 for the first month.
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